In Re: R.C. and E.C.
17-0142
| W. Va. | Jun 19, 2017Background
- DHHR filed abuse-and-neglect petitions (July 2016) regarding two children: R.C. (born with Neonatal Abstinence Syndrome) and E.C.; mother alleged to have used drugs during pregnancy and received no prenatal care.
- Father (B.C.) had prior brain surgery causing memory problems and admitted an inability to properly care for the children; petitioner’s mother reported he told her he could not care for them.
- A DHHR worker testified father was named because of his admitted inability to parent and that this inability posed a risk to the children’s health and safety.
- At the January 2017 adjudicatory hearing father withdrew a motion for a pre-adjudicatory improvement period; the circuit court adjudicated him as an abusing (statutory term encompassing neglect) parent on Feb 2, 2017.
- The circuit court found the children’s physical and mental health were threatened by father’s inability to supervise or provide specialized medical care for R.C.; father was placed on a post-adjudicatory improvement period and the matter remained pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father may be adjudicated an abusing/neglecting parent based on his admitted inability to care for the children | DHHR: father’s admitted inability to parent threatened children’s health and safety | Father: he never actively harmed or threatened the children; failure to care was due to disability and he arranged assistance | Court: Adjudication affirmed — statutory neglect includes inability to supply necessary supervision/medical care; welfare of children requires alternative placements |
| Whether father’s disability absolves him of neglect | Father: disability caused his inability to care | DHHR/Court: statutory definition covers failure/ inability irrespective of intent; focus on child welfare | Court: Disability does not preclude adjudication when children’s health is threatened |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for bench-tried abuse-and-neglect findings)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (reiterating deference to circuit court’s findings in abuse-and-neglect proceedings)
- In re Timber M., 231 W.Va. 44, 743 S.E.2d 352 (2013) (child’s welfare is the controlling consideration in custody/placement decisions)